Human Rights Act 1993

Unlawful discrimination - Other matters

73: Measures to ensure equality

You could also call this:

"Helping people who are treated unfairly to have an equal place in the community"

You can do something that would normally be against the law if you do it to help people who are treated unfairly. You must do it in good faith to assist or advance those people. They must need help to have an equal place in the community. You can set up work or training schemes that help certain people based on their age, employment status, or family status. The government can do this to assist people who need it. This does not make it against the law to choose people for these schemes based on their age, employment status, or family status. The law allows for some exceptions to help people who need it. This means you can take measures to ensure equality for certain groups of people. You can do this to help them achieve an equal place in the community.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304672.

This page was last updated on 13 December 2025 — View changes

Topics:

Rights and equality > Anti-discriminationWork and jobs > Worker rights

72: Power to vary trust deeds, or

"Changing the rules of a superannuation scheme to follow the law"

74: Measures relating to pregnancy, childbirth, or family responsibilities, or

"Protection for people with family responsibilities"

Part 2Unlawful discrimination
Other matters

73Measures to ensure equality

Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part shall not constitute such a breach if—
it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.

Nothing in this Part—
limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or
makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status.

Compare

1977 No 49 s 29
1992 No 16 s 13(1)